UPDATE ON NJ MARRIAGE LICENSES AS OF MAY 4: Governor Phil Murphy signed an order that will go into effect on Monday, May 4, 2020, that will ease up restrictions on both obtaining a marriage license in New Jersey and also getting married via video-conferencing. I have included the exact wording from the order below, but the highlights are:
- You may now get married via video-conferencing and no longer have to have your officiant present.
- You may now apply for your marriage license via video-conferencing.
- The 72-hour waiting period has been lifted. There is no longer a waiting period.
- The marriage license will now be good for 90 days, as opposed to the normal 30 days.
- This order will be lifted once the governor declares we’re no longer in a state of emergency.
And here are the basics: If the bride lives in New Jersey, she should apply in her town. If she doesn’t, apply in the groom’s town. If neither live in New Jersey, apply in the town where you are getting married.
And for more details on what you need to apply for a New Jersey marriage license, click HERE. But remember that certain parts have been amended (see above and below) during Covid-19.
For specifics on how your individual clerk’s office is handling, please contact them directly. For a list of individual town clerk’s offices in New Jersey, click HERE.
For Governor Murphy’s order in its entirety, click here. Sections regarding marriage licenses and ceremonies have been excerpted below.
1. For the duration of the Public Health Emergency declared in Executive Order No. 103 (2020), the provisions of N.J.S.A. 37:1-7 and N.J.S.A. 37:1-8 requiring that individuals who wish to marry or enter into a civil union appear personally before a licensing official may be satisfied through the use of audio-visual technology under the following conditions:
- The video conference shall be live and must allow for interaction between the couple, the licensing official, and a witness;
- During the video conference, the following steps must occur in a way that is visible and audible to the couple, the licensing official, and a witness:
- Both members of the couple and the witness present valid photo identification and any other documents necessary to allow the licensing official to fulfill their statutory duty;
- The licensing official administers the oath;
- Each member of the couple and the witness shall sign the license application. To the extent that the members of the couple and/or witness are physically located in the same place, they shall sign the document in the physical presence of the other(s). If one or more of the individuals is located in a different physical location, once signatures are obtained in one location, the member of the couple or witness shall transmit, a legible copy of the document, to the next signatory, until all signatures are obtained; and
- The final signatory shall transmit a legible copy of the signed license application directly to the licensing official, who shall confirm receipt of the document on the day of transmission.
2. For the duration of the Public Health Emergency declared in Executive Order No. 103 (2020), the provisions of N.J.S.A. 37:1-17 requiring that the marriage or civil union be solemnized in the physical presence of an officiant and two witnesses, who will then sign the certificate, may be satisfied through the use of audio-visual technology under the following conditions:
- The video conference shall be live and must allow for interaction between the couple, the officiant, and the two witnesses;
- During the video conference, the following steps must occur in a way that is visible and audible to the couple, the officiant, and the two witnesses:
- The couple shall present their marriage or civil union license to the officiant;
- The officiant, each witness, and both members of the couple shall affirm that they are physically situated in the State, though they are not required to be situated in the same municipality. The officiant shall identify the municipality and address where he or she is physically situated and denote that municipality and address as the place of marriage or civil union on the certificate;
- Each member of the couple and each witness shall sign the marriage or civil union certificate. To the extent that the members of the couple and/or witnesses are physically located in the same place, they shall sign the document in the physical presence of the other(s). If one or more of the individuals is located in a different physical location, once signatures are obtained in one location, the couple or each witness shall transmit a legible copy of the document, to the next signatory, until all signatures are obtained; and
- Once the certificate has been signed by both members of the couple and both witnesses, the last signatory shall transmit a legible copy of the signed certificate to the officiant at the conclusion of the conference, who shall sign the document on the date of transmission.
c. Following the video conference, the officiant shall make copies of the license and certificate and shall distribute the original and copies in the manner and within the time period required by N.J.S.A. 26:8-41 and N.J.S.A. 37:1-17.1; and
d. In effectuating the transmission contemplated in this section, local registrars shall use a means that is secure and maintains the confidentiality of the documents.
3. For the duration of the Public Health Emergency, the provisions of N.J.S.A. 37:1-4 requiring a 72-hour waiting period between the license application and issuance shall be waived.
4. Notwithstanding N.J.S.A. 37:1-4, any marriage or civil union license issued during the Public Health Emergency shall be valid for 90 days.
5. For the duration of the Public Health Emergency declared in Executive Order No. 103 (2020), the fees imposed by N.J.S.A. 37:1-12 and N.J.S.A. 37:1-12.1 for the issuance of a marriage or civil union license shall be waived if the couple seeks a second license, mirroring the original license, due to the expiration of the original.
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